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Defenses for Marijuana Possession

While medical marijuana was recently ruled more or less legal for some drug users with permission from their doctors, others who don’t have qualifying conditions or who want to use the drug recreationally might still be charged for possession of marijuana. Not only could you face prosecution by the state of Ohio, but you could also be federally charged. For those who are caught with the drug, there are several defenses a skilled criminal defense attorney may use.

Affirmative Defense

The defense people with legal prescriptions can use is the affirmative defense. If you have been diagnosed with a qualifying medical condition, your doctor has told you about the risks and benefits of using medical marijuana, and the physician thinks the benefits to you outweigh the risks, you can use affirmative defense to avoid a criminal charge. You must have a note from your doctor outlining the above apply to you, and you must have been consuming or using the cannabis as specified in the Ohio laws.

Unlawful Search and Seizure

For those who don’t qualify for an affirmative defense, you may be able to argue the drugs were illegally searched and seized by the police. Officers can’t search your property without your permission unless there is an emergency or they can see contraband in full view of where they are legally able to be. If your attorney can prove the drugs were seized unconstitutionally, the prosecution will have little to no evidence against you.

Drugs Weren’t Yours

Just because it might be a cliché, it doesn’t mean it’s not true. Claiming the drugs are not yours is a potential defense. The prosecution’s job is to prove beyond a reasonable doubt the drugs belong to you. If you and your attorney can cast doubt on this, a reasonable jury will not be able to convict you.

If you’re facing charges for possessing marijuana, don’t hesitate to talk to one of our skilled Akron drug crimes attorney about your case as soon as possible. The faster we get the details of your circumstances, the sooner we can mount a defense on your behalf. Let us see what we can do for you.

Contact us at (330) 787-9841 or fill out our online form to schedule a free case consultation with us today.